The High Court · 2026

Petition under Article 226 of the constitution of lhdia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in nature of writ of Mandamus declaring the action of the Respondent No 3 in issuing Letter Dated 15t1)t2025 requiring the Petitioner to take over the possession of the subject property viz., residential flat.No.102,in first floor, in the residential complex known as sRSV Avenue Admeasuring 970 square Feet',s, with undivided share of land 17 Square Yards, constructed on plot No. 220, forming part of Sy'Nos '44 '45 46,blockNo.l2situatedatP&TColony,MedipallyvillageandGramPanchayath' Ghatkesar Mandal, Medchal Malkajgiri District as a condition precedent to conduct the Public Auction despite of issuing FORM - 8 and 9 dated 18-09-2025, as illegal and arbitrary and also contrary to the provisions of the Telangana Mutually Aided co-operative societies Act, 1995 and also the provisions of the Telangana co- f I l operativesocietiesRulesandinviolationoftheA(icle14and300Aof constitution of lndia and consequently direct the Respondents No 2 and 3 to conduct the public auction of the subject property as per the provisions qf the Telangana Mutually Aided co-operative societies Act, 1995 and the Rules made therein. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No 2 and 3 to consider the representations dated 2711012025 and pass appropriate order in accordance with the provisions of Telangana Mutually Aided co-operative societies Act, 1995 and Telangana co-operative societies Rules pending disposal of the Writ Petition. Counsel for the Petitioner: SRI MALIPEDDI SRINIVAS REDDY Counsel forthe Respondent Nos.1 TO 3: GP FOR COOPERATION Counsel for the ResPondent No.4: - The Court made the following: ORDER b. i: 5F,rE-,3_J 7 THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI ORDER: WRIT PETITION No.34729 OF 2o.25 In this writ petition, the pelitioner is challenging the letter issued by respondent No.3 dt. 15.1O.2025 requiring the petitioner to take over the physical possession of the subject property which is under attachment pursuant to the order of the Tribunal in O.P.No.O7 of 2O2O, dt.15.O7.2024, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation appearing for respondents No. I to 3'

3. It is submitted that for execution of the order in O.P', E.P. has been filed and the officer has required the petitioner to take over the physical possession of the subject property and to hand over the same to the Registrar of MACS, to enable the Sales Offrcer to conduct auction on or before the date given in the said notice. Challenging the same, the writ petition is filed. Learned counsel appearing for the petitioner-society submitted

4. that the requirement to take over the physical possession of the property is not provided for under the Telangana cooperative Societies Act and is unwarranted. He further submitted that the prescribed procedure is to issue a demand notice and if the defaulter fails to make the pa5rment, symbolic possession of the property shall be taken and thereafter the propert5r shall be put for sale. Therefore, according to him, the condition ) prescribed by the Sales Ofhcer to take physical possession of the property before putting up the property for auction sale is unwarranted.

5. Learned Governmr:nt Pleader for Cooperation is heard, who submitted that Rule 52 of the Telangana Cooperative Societies Rules, 1964, provide the procedure for execution of decrees and orders and the impugned direction is given in accordance with the said Rule only.

6. Having regard to the rival contentions and the material on record, this Court finds that Rule 52 of the Rules deals with the procedure prescribed for execution of decrees or orders and Sub-Rule 3 deals with the procedure to proceed against a defaulter's immovable property. A literal reading of the same shows that there is no requirement of taking physical possession of the property, before putting it up for sa,le. Hou,ever, the property cannot be put up for sale without having symbolic possession of the property. Therefore, the petitioner is permitted to take over the symbolic possession of the properry, if the respondent No.4 fails to make the payment and thereafter, the Sales Officer is at liberty to auction the property. 7 . Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous appiications, if any, pending in this writ petition stand closed. SD'- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR NOTE: That the words read as "if the petitioner" in the order dated 21.1'1.2025 in WP.No.34729 ol 2025 arc reptaced with 'if respondent No.4' as per the orders of the Hon'bte court dated M.05.2026 in lA.No.1 0f 2026. This amended order shall substitute the earliet order which has already been dispatched on dti 2910412026. SD/. A.H.S. GOWRI SHAN KA ASSISTANT REGI //TRUE COPY// SECTION OFFICER en Secretariat, Hyderabad, Co-operation and Agricultural Depa Omcer, Shamirpet Division, Medchal- The Principal Secretary, State of Telangana. The District Cooperative 500078. 5enioithspectortsate Officer, Office of The District Cooperative Offrcer, Uppal Circle, Medchal-Malkaiioiri Oistrict. one cc to sRl'tfiALlPEDD| SRINIVAS REDDY. Advocate{oPUCl i,iJo 66.'i"-C'i FOC C-OOpenAitOtt, High Court for the State of-Telangana, at Hyderabad Two CD Copies jigiri, Telangana - To 1 2 3 4 5 6r PSK. BS 9rn HIGH COURT DATED:21 11112025 04105t2026 AMENDED ORDER WP.No.34729 of 2025 lHE S Te ) ) {r |1 6 rllAI 2m .o t * PAT I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4" & t .t